Martin S. Kaufman is Senior Vice President and General Counsel of Atlantic Legal Foundation. During his tenure as chief legal officer of the Foundation, he has litigated, both a “first chair” counsel representing real parties in interest and as counsel for amici, cases involving First Amendment rights of speech and association, Fifth Amendment protections against taking of property without compensation, Fifth and Fourteenth Amendment guarantees of due process and equal protection, violations of the civil rights of individuals under federal civil rights laws, and similar claims arising under state law. ALF has also litigated cases involving arbitrary and capricious application by state and federal executive and administrative agencies of a variety of federal and state laws and regulations. Of particular emphasis recently have been cases involving the interplay between science and the law, and his amicus briefs in the landmark cases Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)(in which he represented 18 prominent scientists, including six Nobel Laureates) and Kumho Tire Co. v. Carmichael (U.S. Supreme Court, 1999) had a significant influence on the majority opinions. Mr. Kaufman’s work in that area has continued, especially in cases involving the issue of the health effects of electromagnetic fields, breast implants and exposure to chemical substances. Mr. Kaufman continues to be active in cases involving issues of the use of sound science in adjudication and government regulation, and he continues to represent prominent scientists, including more than a dozen Nobel laureates, the deans of the Harvard University and University of California Schools of Public Health, the editor-in-chief of the New England Journal of Medicine, the President Emeritus of Rockefeller University, and numerous other academics at prominent universities and medical schools. Mr. Kaufman has also represented former President Gerald R. Ford and 30 other former cabinet officers, including former Secretaries of State, Secretaries of the Treasury, Secretaries of Commerce, National Security Advisors, and White House Chiefs of Staff in cases concerning U.S. international trade policy and the foreign relations authority of the President.
Prior to joining Atlantic Legal Foundation, Mr. Kaufman was in private law practice with major New York law firms, and was a partner in a Park Avenue firm with a significant international practice. In private practice, his work included litigation and litigation-oriented counseling with primary responsibility for commercial and civil litigations and arbitrations in antitrust, securities, international, admiralty, energy industry and other areas, including representation of foreign banks and business enterprises, and governmental and international organizations (e.g. the government of Switzerland and the International Committee of the Red Cross). His practice included trials, appeals, pleadings, motions, pre-trial discovery and motion practice, as well as supervision of foreign and local counsel, associates and legal assistants. In non-litigation areas, he had experience in corporate and securities matters, include drafting licensing, distribution and other commercial agreements, and public offerings of equity and debt instruments.
From 1977 to 1981, Mr. Kaufman was Deputy Assistant General Counsel for International Trade and Emergency Preparedness of the U.S. Department of Energy. He was the department’s senior attorney responsible for international legal matters, and was responsible for legal matters relating to international energy trade, United States emergency preparedness and bilateral and multilateral energy research and development projects. He advised senior department officers on international and domestic legal aspects or regulation of oil, natural gas, liquified natural gas and coal imports and exports, U.S. participation in the International Energy Agency and bilateral relations with other energy importing nations and energy exporting countries and legal aspects of measures relating to emergency contingency planning; he also negotiated energy R&D agreements with foreign governments. He represented the Department in administrative hearings, international multilateral and bilateral meetings and negotiations, and in dealings with other federal agencies, including the U.S. State, Defense, Justice and Commerce Departments, the White House and the U.S. intelligence community.
Immediately after graduating from Columbia Law School, Mr. Kaufman was a research associate at the law school, and assisted in the preparation of W. Friedmann, O. Lissitzyn and R. Pugh (eds.), CASES AND MATERIALS ON INTERNATIONAL LAW (1969), including drafting of editorial and explanatory notes, editing of cases, texts, documents and other materials for inclusion in case book and teaching materials.
Mr. Kaufman is a graduate of Columbia University School of Law, where he was a Harlan Fiske Stone Scholar, was on Dean’s List, won Moot Court Honors, and was one of two members of the winning team in the 1965 Jessup International Law Moot Competition. He was also Articles and Research Editor of the Columbia Journal of Transnational Law. Mr. Kaufman was awarded a Diploma in Public International Law by Hague Academy of International Law in 1967, and also holds a Master’s Degree in International Relations from the City University of New York. Mr. Kaufman completed his undergraduate degree at Columbia College, where he was awarded a Lehman fellowship for graduate study in history.
Mr. Kaufman is the co-author with Richard Wilson, Mallinkcrodt Research Professor of Physics at Harvard University of Electromagnetic Fields: Science and Law, in ELECTROMAGNETIC FIELDS: POLICY, SCIENCE, AND LITIGATION, Washington, D.C.: The National Legal Center for the Public Interest (1995).
Mr. Kaufman is admitted to practice law in the courts of the State of New York, the United States Supreme Court, the United States Court of Claims, the United States Courts of Appeals for the District of Columbia, and the First, Second, Third, Fourth, Fifth and Eleventh Circuits and United States District Courts for the Southern, Eastern and Northern Districts of New York and the District of Columbia.